SUO MOTO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS matter has been registered as a Public Interest Litigation ('PIL Petition') in view of the order dated 09.05.2012, as drawn by a learned Single Judge of this Court during the course of hearing of a civil miscellaneous appeal; and has been assigned to this Bench per Rule 385-Q of the Rules of the High Court for Judicature for Rajasthan, 1952 that reads as under:-

(2.) IT appears that the appeal wherein the said order dated 09.05.2012 came to be drawn (CMA No. 1138/2010: Ganpat Lal Vs. The New India Assurance Co. Ltd. & Anr.) related to a vehicular accident claim case; and the accident leading to the said appeal occurred on 10.05.2005 at Jodhpur-Pali Highway (National Highway No. 65) near a place known as "Om Banna-ka- Than". It further appears that during the course of arguments before the learned Single Judge, certain submissions were made to the effect that the said "Om Banna-ka-Than" and nearby shops were just adjacent to National Highway No. 65 causing traffic hazards, accidents and encroachments on public land.

(3.) FROM the report as made, we are satisfied that the concerned authorities have been attending on the requirements at the site and have taken the requisite steps for all the regulatory measures. In fact, it is borne out from the material placed on record that the proceedings for removal of the encroachments were adopted since the year 2010; and the decision for shifting the said 'Than' was taken on 27.06.2011. It is also clear that the said decision for shifting was carried out on 08.07.2011.